Attorney files complaint against state ethics official

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A year ago, Alma lawyer Keen Umbehr was facing allegations of professional misconduct and being encouraged by state legal ethics official Stanton Hazlett to apologize and accept a lesser punishment.

On Wednesday, the shoe met the other foot. Umbehr, who was cleared of any wrongdoing, filed with the Kansas Supreme Court a detailed complaint accusing Hazlett of professional misconduct.

The Umbehr-Hazlett saga began in October 2009 when former Kansas Department of Corrections Deputy Secretary Charles Simmons asked that Umbehr be disciplined for bringing a Topeka Capital-Journal reporter into the Topeka women’s prison to interview his clients. Simmons said the reporter should have had to go through the corrections department’s media specialists and asked that Umbehr’s law license be suspended for six months. He made the complaint after The Capital-Journal published a series of stories about sex and contraband trading between prison employees and inmates.

Hazlett is the Kansas disciplinary administrator, the head of an office that works directly under the state Supreme Court.

Umbehr’s complaint, which includes more than 50 supporting documents, says Hazlett repeatedly stated that an ethics panel examining Umbehr’s case found there was “probable cause” for a full hearing, while in truth the panel never made such a finding.

Umbehr, reached by phone Wednesday, speculated that Hazlett was trying to get him to essentially plead guilty and enter a diversion program as punishment.

“Diversion becomes a quick, easy ending to the issue,” Umbehr said. “In my opinion, they needed me to do that in order to justify the complaint at all.”

Hazlett said he received a copy of Umbehr’s complaint Wednesday, but hadn’t had time to review it thoroughly.

“He’s obviously alleged misconduct on my part and asked for an investigation,” Hazlett said. “I do welcome the investigation, and I’ll cooperate fully with it. Last but not least, I deny, categorically, any misconduct.”

Umbehr’s complaint outlines several years spent pursuing documents and details about Simmons' allegations against him and the disciplinary panel’s decisions.

Umbehr initially hired attorney John Ambrosio, of Topeka, to represent him in the ethics case. Letters between Umbehr and Ambrosio show Ambrosio encouraging him to admit guilt and accept diversion, which includes remedial education in an attorney’s ethical obligations.

“Please be advised that I will not accept any form of diversion as I will not admit to a scintilla of unethical conduct in my actions,” Umbehr responded.

Correspondence between Umbehr and Ambrosio also shows Umbehr repeatedly asking for details about the “probable cause” hearing in his case. Ambrosio eventually responds that he wasn’t allowed to attend the hearing, but Hazlett informed him that probable cause was found.

“Former Deputy Secretary Simmons’ allegations arise not from any concern regarding Mr. Umbehr’s ethics or his conduct,” Van Kirk wrote to Hazlett on March 30, 2011, “but in retaliation for Mr. Umbehr’s and his clients’ disclosure of ongoing and repeated sexual abuse and the public revelation of the Department of Corrections’ official neglect.”

Van Kirk decried the “unspeakable abuse” outlined in The Capital-Journal’s stories about the Topeka Correctional Facility. Several of the stories involved inmate Tracy Keith, who said the prison’s plumbing instructor, Anastacio “Ted” Gallardo, raped and impregnated her, then had other inmates stomp on her stomach in an attempt to cause a miscarriage.

Keith, who sued Gallardo and the Department of Corrections, said a corrections employee later drove her to Planned Parenthood for an abortion.

Gallardo was implicated in other cases of sexual misconduct and no longer works at the prison. In an odd twist of timing, he was shot by an unknown assailant Monday and suffered nonlife-threatening injuries.

After Umbehr retained Van Kirk, the ethics complaint against him was dismissed. In collecting information about the case, Umbehr filed a request under the Kansas Open Records Act. He was initially told the act didn’t cover Hazlett’s department, but he eventually discovered that the panel never made a probable cause finding against him.

“In reviewing this request I looked at the letter to Simmons,” Hazlett wrote to Umbehr in an email dated March 14, 2012. “I saw that I told him that there was a finding of probable cause which was later rescinded. Again, that was my honest belief at the time. I intend to write to Mr. Simmons and explain to him that there was not. I believe that you have a right to expect that.”

Umbehr said other attorneys advised him not to file his complaint, because Hazlett answers only to Supreme Court Chief Justice Lawton Nuss. But he said his “sense of justice, sense of indignity” and the rules that govern the practice of law in Kansas demand that he pursue the issue.

“If I know that another lawyer has violated the Kansas rules of professional conduct, I am duty-bound to report that person,” Umbehr said.

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"Gallardo was implicated in other cases of sexual misconduct and no longer works at the prison. In an odd twist of timing, he was shot by an unknown assailant Monday and suffered non-life-threatening injuries."

Send in the conspiracy theorists! Let's connect this to Hudson Crossing!

Umber was picking up trash and asked teh comisioner to add him to the list. When they did not he took them to trail and won. Then he used the money to became an attorney and know is asking for a trial against member of the Supreme Court worker, rather than the Department of Correction.

Mr. Umbehr wanted to be treated fairly by Wabaunsee County and only by the U.S. Supreme Court making its final ruling, Mr. Umbehr has helped to continue free speech rights in this country. Mr. Umbehr brings to our attention the abuses at the women's prison and he gets investigated for doing so. I don't think Mr. Umbehr is being unreasonable and, quite frankly, I don't think he would make a complaint against the Disciplinary Administrator without good reason. If there is something going on that should not be, this needs to be done. Hopefully our state Supreme Court will look at this objectively.

I have to admit Keen Umbehr is one of my biggest heroes. He stands up to the arrogant coward bureaucrats who think they can get away with anything. Chuck Simmons is the latest example. Stanton Hazlett also thinks he can get away with anything because he only answers to the Chief Justice. Shame on Lawton Nuss if he doesn't crack down on Hazlett's unethical behavior.

Kansas Department of Corrections Deputy Secretary Charles Simmons wasn't interested in fixing the problems in the prisons - he was upset that the information got out and wanted to cover up what was going on.... he needs to go - along with Hazlett....Hazlett's statements of probable cuase was simply another case of intimidation - isn't that what Kansas runs on? intimidation and lies...corruption....

There is no public integrity in this state...to keep his - Nuss should get rid of Hazlett...

As for "Gallardo was implicated in other cases of sexual misconduct and no longer works at the prison. In an odd twist of timing, he was shot by an unknown assailant Monday and suffered nonlife-threatening injuries."

Whatever hospital he went to...Fair warning: you'll never see and ounce of any money owed to you by Gallardo

“In reviewing this request I looked at the letter to Simmons,” Hazlett wrote to Umbehr in an email dated March 14, 2012. “I saw that I told him that there was a finding of probable cause which was later rescinded. Again, that was my honest belief at the time. I intend to write to Mr. Simmons and explain to him that there was not. I believe that you have a right to expect that.”

Incidentally, what's Hazlett doing writing to (former deputy warden) Simmons about Umbehr's ethics panel proceeding anyway? Further, is Hazlett saying he agrees there never was this "probable cause" finding, is he saying that that there was a finding but he missed noticing when the panel rescinded it or is he saying he knew it was rescinded but continued to assert its existence?

I think Hazlett's done a pretty good job over the years and he ought to keep doing a good, ethical job by making all of this an open public record.